Extracted text (via ocr_local)
18965 characters
Maricopa County Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date May 2, 2024 Address 2415 East Camelback Road, Suite 200 Phone 602-230-6224 City Phoenix, AZ 85016 Fax 602-926-0452 Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15201099 -015-JB6-SW Frank Villars and Lydia Villars, as Co-Trustees of The Villars Trust u/t/a dated Grantors: December 22, 1993 Phone: 480-575-9206 Contact Frank and Lydia Villars Phone: Mailing Address: 42123 N Old Mine Road Email villarsf54@gmail.com City, State Zip Cave Creek, AZ 85331 Grantee: | Maricopa County, a political subdivision of the State of Arizona Mailing Address: | Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or Sub- Charges and Disbursements to be paid from Grantor's funds as deposit with the Title Company if escrowed, the purchase price Object | follows (check all that apply): plus all lawful costs incidental to closing as follows: Code Escrow Fees $696.00 L1_ Total Acquisition of Grantor's Property: Full release of all Title Policy Fees $585.00 monetary liens and encumbrances, and leases of any kind. Title Report Pay in full all due and delinquent real property taxes and Title Report Credit general and special improvement assessments. Prorate the Total Escrow & Title Fees $1281.00 14 current year's real property taxes on closings that occur on or after the 3rd Monday of August each year. Escrow Agent Recording Fees: shall withhold the prorated amounts from each party and pay Release & Reconveyance the lien of the current year's taxes in full. Release of Lease L1_ Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent Total Recording Fees TBD 14 property taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within Release Fees Maricopa County's partial acquisition, and any Certificate(s) Consent Fees of Purchase. The current year's taxes shall not be prorated S.R.V.W.U.A. regardless of the closing date. Taxes -Prorated | [X]_ Easements: Consent to easements by secured party. Total Other Charges TBD 14 (J Other Disbursements: [ Sub Total TBD Drainage Easement $993.00 i Slope Easement $_ 1,487.00 il TCE $500.00 12 Improvements $10,363.00 10 Total Purchase Price $13,343.00 Total Escrow & Title Costs $_ 1,281.00 14 Total Compensation (minus any funds paid outside of escrow) $ 13,343.00 TOTAL WARRANT** TBD Project Name: Tonto Hills Low Volume Roads Project Number: | TT0609 Assessor Parcel No.: 219-12-158 Item No. D24328 Right of Way Agent: Alejandra Victoria-Lopez Telephone # 602-506-5248 Page 1 of 12 The GRANTORS and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhibits “4-1”, “B- 1” “B-2”, “C-1", “C-2”, “D-1”, and “D-2”, attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. The Right of Way Agent or MARICOPA COUNTY Real Estate Department will be furnished a copy of the GRANTORS’ closing statement with the following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from MARICOPA COUNTY.” The Escrow Agent is to request the GRANTORS acknowledge receipt of the amount shown on the closing statement as due GRANTORS. Either a copy of this request or a copy ofa signed receipt is to be retained in the escrow file. MARICOPA COUNTY will pay the costs of the owner’s title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow, In the alternative, MARICOPA COUNTY may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable. If any element of this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be made direct from the GRANTEE to the GRANTORS after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and recording of the documents. It is understood and agreed the consideration expressed herein is accepted by the GRANTORS as full and complete compensation for the interest being acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration also includes full and complete compensation for all injury or damage to the GRANTOR’S remaining lands by reason of their severance from the part being acquired and the construction of the improvements in the manner proposed by MARICOPA COUNTY. MARICOPA COUNTY agrees to pay and the GRANTORS accepts the payment in full for the property described herein: « Improvements located on the property in the amount of Ten Thousand Three Hundred Sixty-Three and No/100 Dollars ($10,363.00) and broken out as follows in Exhibit “A-1”. « Drainage Easement in the amount of Nine Hundred Ninety-Three and No/100 Dollars ($993.00) described and depicted in Exhibit “B-1” and “B-2”, e Slope Easement in the amount of One Thousand Four Hundred Eight- Seven and No/100 Dollars ($1,487.00) described and depicted in Exhibit “C-1” and “C-2”, e¢ Temporary Construction Easement in the amount of Five Hundred and No/100 Dollars ($500.00) described and depicted in Exhibit “D- 1” and “D-2”. If in the opinion of the Transportation Director it becomes necessary, MARICOPA COUNTY, or its agents, is hereby granted to enter upon the remaining property for the purpose of private structure relocation in kind to the GRANTORS’ property, clear of the property described herein, and at no expense to the GRANTORS except as may be herein otherwise agreed. With respect to the development/redevelopment of the property prior to construction of project TT0609, GRANTORS will be responsible only for the costs of improvements required by the County or a municipality as part of a regulatory approval related to development/redevelopment of the property. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY’'s occupation of the GRANTORS’ property caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. It is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding. Page 2 of 12 GRANTORS: Frank Villars and Lydia Villars, as Co-Trustees of The Villars Trust u/t/a dated RECOMMENDED FOR APPROVAL: December 22, 1993 EKY 1 YL fi Z MARICOPA COUNTY DEPARTMENT + L OF TRANSPORTATION Frank Villars (signature), Co-Trustee 4, . 2 Z oO a y DocuSigned by: ACCEPTED AND APPROVED: MARICOPA COUNTY BOARD OF SUPERVISORS Date ZA Jenifer Kodviquey Chairman of the Board of Supervisors 94438FOFDFC6436.... 8/30/2024 Date: a Date fy : y ATTEST: LydigWillars (signature), Co-Trustee 4 / 2 WA ‘2. Approved as to form within the Date powers and authority of the Board of Clerk of the Board of Supervisors Supervisors DocuSigned by: co4sapope4acaes.. Attorney Date Page 3 of 12 Date EXHIBIT "A-1" Parcel No. 219-12-158 Item No. D24328 (AVL) Option 2: Site Improvement Driveway Replacement Option: 550 Sq. Ft. of asphalt pavement removal @ $0.75 per Sf. = 550 Sq. Ft. of new concrete pavers @ $16.00 per Sf. = County permits = Decorative rock-landscape boulders Vegetation — 2 agaves @ $110.00 per agave 412.50 8,800.00 450.00 480.00 220.00 Total Driveway Paver replacement (rounded) = Page 4 of 12 $ $ $ $ $ $ 10,363.00 Exhibit "B-1" Parcel No. 219-12-158 Project No. TT0609 TONTO HILLS LVR Item No. D24328-DE Legal Description For Drainage Easement That portion of the Northwest quarter of Section 15, Township 6 North, Range 5 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Northeast corner of Lot 158 of Tonto Hills, Book 93, page 5 M.C.R. thence South 1 degrees 21 minutes 04 seconds East, 63.31 feet along the East Line of Lot 158 to the POINT OF BEGINNING; thence South | degrees 21 minutes 04 seconds East, 45.87 feet along the said East Line; thence South 88 degrees 38 minutes 56 seconds West, 12.00 feet; thence North | degrees 2] minutes 04 seconds West, 45.87 feet; thence North 88 degrees 38 minutes 56 seconds East, 12.00 feet said point lying on the East Line to the POINT OF BEGINNING. The above described parcel contains 550 square feet or 0.0126 acres, more or less, and is depicted on the attached Exhibit “B”. Professional Land Surveyor AZ No, 19817 J i m Digitally signed by Jim Crume Date: 2021.08.26 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION CrUME i2#839-0700 Agent: J. Crume Project No. TTO609 Chk: J. Crume Electronic Seal Tech: B. Crume https://btr.az.gov/ Prepared by: Cooper Aerial Surveys Company Page 5 of 12 Exhibit "B-2" APN:219-12-157 4 LS D24328-DE APN:219-12-128 LOT 158 OF TONTO HILLS BOOK 93 PAGE 05 M.C.R. VILLARS FRANK/LYDIA TR L3 APN: 219-12-158 U4 2 a POC a POB Not to Scale Prepared by: PROJECT No. TT0609 COOPER AERIAL SURVEYS COMPANY Agent: J. Crume ITEM No. D24328-DE Tech: B. Crume Checked: J. Crume Date: 08/09/2021 a Ny Ry & NY x& > LINE TABLE LINE BEARING LENGTH u $01°21'04"E | 63,31 L2 $01'21'04"E | 45.87" L3 | $88°38'56"W | 12.00 L4 | NO1°21'04’W | 45.87’ L5 | N88°38'56"E | 12.00’ Page 6 of 12 Professional Land Surveyor AZ No. D24328-DE Area: 550 square feet or 0.0126 acres SHT 4 of 4 19817 . Digitally signed MARICOPA COUNTY Jim by Jim Crume ate: TONTO HILLS LVR Cru Me 2021.08.26 12:48:56 -07'00' Electronic Seal https: //btr.az.gov/ Exhibit "C-1" Parcel No. 219-12-158 Project No. TT0609 TONTO HILLS LVR Item No. D24328-SE Legal Description For Slope Easement That portion of the Northwest quarter of Section 15, Township 6 North, Range 5 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: PARCEL 1 COMMENCING at the Northeast corner of Lot 158 of Tonto Hills, Book 93, page 5 M.C.R. thence South | degrees 21 minutes 04 seconds East, 141.96 feet along the East Line of Lot 158 to the beginning of a curve, concave Westerly, having a radius of 270.00 feet; thence Southerly 12.89 feet along the said East Line, along the arc of said curve to the right through a central angle of 2 degrees 44 minutes 07 seconds to the POINT OF BEGINNING; thence to a point of compound curvature of a curve having a radius of 270.00 feet; thence Southwesterly 128.84 feet along the said East Line, along the arc of said curve to the right through a central angle of 27 degrees 20 minutes 29 seconds; thence on a non-tangent line North 61 degrees 16 minutes 27 seconds West, 5.00 feet to the beginning of a non-tangent curve, concave Northwest, from which the radius point bears North 61 degrees 16 minutes 27 seconds West a distance of 265.00 feet; thence Northeasterly 126.46 feet along the arc of said curve to the left through a central angle of 27 degrees 20 minutes 29 seconds; thence on a non-tangent line South 88 degrees 36 minutes 56 seconds East, 5.00 feet to a point lying on said East Line and the POINT OF BEGINNING. Professional Land Surveyor AZ No. 19817 J i m Digitally signed Det 001 6631 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Crume 15:12:23 -07'00" Agent: J. Crume Project No. TTO0609 Chk: J. Crume Electronic Seal Tech: B. Crume https://btr.az.gov/ Prepared by: Cooper Aerial Surveys Company Page 7 of 12 Contains 638 square feet or (0.0147 acres), more or less. PARCEL 2 BEGINNING at the Southwest corner of Lot 158 of Tonto Hills, Book 93, page 5 M.C.R thence North 16 degrees 28 minutes 38 seconds East, 7.53 feet along the West Line of Lot 158; thence South 69 degrees 15 minutes 14 seconds East, 24.50 feet; thence South 23 degrees 28 minutes 07 seconds West, 8.12 feet to the beginning of a non-tangent curve, concave Southwest, from which the radius point bears South 23 degrees 28 minutes 07 seconds West a distance of 540.00 feet, said point lying on the South Line of Lot 158; thence Northwesterly 23.56 feet along the said South Line, along the arc of said curve to the left through a central angle of 2 degrees 29 minutes 59 seconds to the POINT OF BEGINNING. Contains 186 square feet or (0.0043) acres, more or less. The above described parcel contains 824 square feet or 0.0189 acres, more or less, and is depicted on the attached Exhibit “B”. Professional Land Surveyor AZ No, 19817 Jim Digitally signed by Jim Crume Crume Date: 2021.08.31 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 15:12:37 -0700) Agent: J. Crume Project No. TTO609 Chk: J. Crume Electronic Seal Tech: B. Crume https://btr.az.gov/ Prepared by: Cooper Aerial Surveys Company Page 8 of 12 Exhibit "C-2" POC FOR APN:219-12—157 PARCEL 1 APN:219-12-128 ul LOT 158 OF TONTO HILLS BOOK 93 PAGE 05 M.C.R. VILLARS FRANK/LYDIA TR APN: 219-12-158 D24328-SE L3 PARCEL 2 D24328-SE Not to Scale 5 DPOB FOR POB FOR PARCEL 1 PARCEL 1 PARCEL 2 & & LINE TABLE > LINE BEARING LENGTH L1 | $01'21’04"E | 141.96’ CURVE TABLE L2 | N6116’27"W | 5.00’ CURVE | LENGTH } RADIUS DELTA TANGENT | CHORD | CHORD BRG L3 | $88°36’56"E | 5.00 C1 42.89' | 270.00' | 2°44’07” 6.45’ | 12.89" | S00’01'00"W L4 | N16°28°38"E | 7.53’ C2 128.84’ | 270.00’ | 27°20'29” 65.67 | 127.62’ | S15°03'18"W LS | S6915'14"E | 24.50" C3 126.46’ | 265.00’ | 27°20'29” 64.46’ | 125.26’ | N15°0318"E L6 | S23°28'07"W | 8.12’ C4 23.56’ | 540.00’ | 22959” 11.78’ | 23.56’ | S67°46'52”E Page 9 of 12 D24328-SE PARCEL 1 Area: 638 square feet or 0.0147 acres [ Professional Land D24328-SE PARCEL 2 Area: 186 square feet or 0.0043 acres Surveyor AZ No. Total SE Area: 824 square feet or 0.0189 acres 19817 SHT 1 of 1 . Digitally signed MARICOPA COUNTY Jim by mcrae ate: 2021.08.31 TONTO HILLS LVR Cru me ens 07 00" PROJECT No. 170609. Agent: J. Crume COR RIAL SURVEYS COMPANY Electronic Seal https: //btr.az.gov/ ITEM No. D24328-SE Tech: B, Crume Checked: J. Crume Date: 08/09/2021 Exhibit "D-1" Parcel No. 219-12-158 Project No. TT0609 TONTO HILLS LVR Item No. D24328-TCE Legal Description For Temporary Construction Easement That portion of the Northwest quarter of Section 15, Township 6 North, Range 5 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Northeast corner of Lot 158 of Tonto Hills, Book 93, page 5 M.C.R. thence South 1 degrees 21 minutes 04 seconds East, 141.94 feet along the East Line of Lot 158 to the beginning of a non-tangent curve, concave Northwest, from which the radius point bears South 88 degrees 39 minutes 21 seconds West a distance of 270.00 feet; thence Southwesterly 166.17 feet along said East line, along the arc of said curve to the right through a central angle of 35 degrees 15 minutes 43 seconds to the POINT OF BEGINNING; thence to a point of compound curvature of a curve having a radius of 270.00 feet; thence Southwesterly 45.28 feet along the said East Line along the arc of said curve to the right through a central angle of 9 degrees 36 minutes 32 seconds; thence on a non-tangent line North 46 degrees 28 minutes 23 seconds West, 5.00 feet to the beginning of a non-tangent curve, concave Northwest, from which the radius point bears North 46 degrees 28 minutes 23 seconds West a distance of 265.00 feet; thence Northeasterly 44.44 feet along the arc of said curve to the left through a central angle of 9 degrees 36 minutes 32 seconds; Professional Land Surveyor AZ No, 19817 J i m Digitally signed Date 00831 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Crume 15:15:15 07°00" Agent: J. Crume Project No. TTO0609 Chk: J. Crume Electronic Seal Tech: B. Crume https://btr.az.gov/ Prepared by: Cooper Aerial Surveys Company Page 10 of 12 thence on a non-tangent line South 56 degrees 04 minutes 55 seconds East, 5.00 feet to a point lying on said East Line and the POINT OF BEGINNING. The above described parcel contains 224 square feet or 0.0051 acres, more or less, and is depicted on the attached Exhibit “B”. Professional Land Surveyor AZ No. 19817 Digitally signed Jim by Jim Crume Date: MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Crume22!2831 Agent: J. Crume Project No. TTO0609 Chk: J. Crume Electronic Seal Tech: B. Crume https://btr.az.gov/ Prepared by: Cooper Aerial Surveys Company Page 11 of 12 Exhibit "D-2" APN:219-12-157 [ POC APN:219-12-128 LOT 158 OF TONTO HILLS BOOK 93 PAGE 05 M.C.R. VILLARS FRANK/LYDIA TR APN: 219-12-158 L1 Not to Scale N DEER TRAIL RD Page 12 of 12 LINE TABLE POB LINE | BEARING | LENGTH Lt} sot'21’04"E | 141.94 L2 | N46'28'23"W | 5.00’ L3_ | $56°04'55"E | 5.00 CURVE TABLE CURVE | LENGTH | RADIUS | DELTA | TANGENT | CHORD | CHORD BRG Ci 166.17’ | 270.00’ | 35°15'43” 85.81’ | 163.56’ | S1617°13"W c2 45.28' | 270.00 | 9°36'32” 22.69' | 45.23’ | S38°43'21"W C3 44.44’ | 265.00’ | 9°36'32” 22.27 | 44.39’ | N38°43'21"E D24328-TCE Area: 224 square feet or 0.0051 acres SHT 1 of 4 MARICOPA COUNTY TONTO HILLS LVR Prepared by: PROJECT No, TTO609 —_| Agent: J. Crume COOPER AERIAL SURVEYS COMPANY ITEM No, D24328-TCE | Tech: B. Crume Checked: J. Crume Date: 08/09/2021 Professional Land Surveyor AZ No. 19817 Digitally signed by Jim Crume Jim Date: Cru Me 2021.08.31 15:15:43 -07'00" Electronic Seal https: //btr.az.gov/